December 13, 2011

Speaker Silver's Bill to Permit the Purchase of Infertility Prescriptions at Local Pharmacies Signed by Gov. Cuomo

Health Insurers Must Provide the Same Mail Order Prescription Benefit for
Infertility Drugs Purchased at Non-Mail Order Pharmacies

Assembly Speaker Sheldon Silver today commended Governor Andrew Cuomo for signing into law legislation that will help New Yorkers who are being treated for infertility by ensuring their ability to obtain prescriptions from non-mail order pharmacies at no additional expense.

"I sponsored this legislation because I strongly believe that it is important for couples throughout New York State who are undergoing fertility treatments to have access to the prescriptions they need, when they need them. To be limited to just purchasing prescriptions only through mail-order pharmacies could diminish the potential for fertility treatments to be successful," said Speaker Silver.

The measure (A.7779, Silver) will require health insurance carriers to provide the same prescription benefits for drugs purchased from a mail order pharmacy as they do for drugs purchased from a local, non-mail order pharmacy. It also prohibits insurers from imposing an extra fee on drugs obtained from non-mail order pharmacies.

"The effectiveness of many fertility prescriptions depends on a strict medical regimen that can be difficult to meet, if not impossible, when using mail order pharmacies. With this law, individuals will have the freedom to choose, without a financial penalty, which pharmacy they believe best meets their medical needs," said Silver.

Health Maintenance Organizations as well as individual, group and not-for-profit health insurance providers will be required to comply with this new law, which becomes effective in 2012.